parking at asda

[kippaxkid74]

well in that case, lets all break the rules then!!!!!

seriously though, why do some like to get away without paying while most others obey the rules and either pay a fine or stick to a time limit..

 

[Prestwich_Blue]

If it's just a fine then you can safely ignore it as it's not enforceable unless they can prove beyond doubt who the driver was at the time. If they clamp then you could be in trouble.

I think you are wrong PB, this is not a speeding fine we are talking about its a parking fine and the owner is responsible for the vehicle.

I'm not. There is a difference between a local authority fine (which is enforceable by law) and a penalty notice for parking on private land. For the latter, there is deemed to be a civil contract between the driver at the time of parking and the landowner based on the conditions for parking there. So if you are the owner but not the driver then there is no problem at all as you have no legal responsibility to tell them who the driver was.

So they send out threatening letters but as DD has said, the best advice is simply to ignore these letters. If they ever do go to court (and it's a civil court for debt enforcement not a criminal one for a parking offence) then they have to prove that the owner was in fact the driver at the time of the offence. So if they can't do that then no judgement. Secondly, even if they won on that basis, the penalty is restricted to any loss the landowner may have suffered. So if it was £2 for an hour and you were there for an hour, they can only recover £2 (although the parking company/landowner might get costs).

 

[Didsbury Dave]

That's right, PB. They have to sue you personally for any losses, as they have no right to enforce parking fines.

And they cannot prove they made any losses. There have been test cases and the offender has won them all.

So they won't risk it. They play the numbers game, get as threatening as they can with stuff like "Your home and credit rating are at risk", and big red letters with Scales of Justice on them and stuff. This will be a private company, by the way, not Tesco or Asda.

Eventually they'll go away after 4 or 5 letters.

 

[BluePurgatory]

I think you are wrong PB, this is not a speeding fine we are talking about its a parking fine and the owner is responsible for the vehicle.

I'm not. There is a difference between a local authority fine (which is enforceable by law) and a penalty notice for parking on private land. For the latter, there is deemed to be a civil contract between the driver at the time of parking and the landowner based on the conditions for parking there. So if you are the owner but not the driver then there is no problem at all as you have no legal responsibility to tell them who the driver was.

So they send out threatening letters but as DD has said, the best advice is simply to ignore these letters. If they ever do go to court (and it's a civil court for debt enforcement not a criminal one for a parking offence) then they have to prove that the owner was in fact the driver at the time of the offence. So if they can't do that then no judgement. Secondly, even if they won on that basis, the penalty is restricted to any loss the landowner may have suffered. So if it was £2 for an hour and you were there for an hour, they can only recover £2 (although the parking company/landowner might get costs).

Right so let me get this right. If every city supporter with a car decided to park free on the Asda there is nowt Asda could do about it! I think you will also find that in civil law it is reasonable suspicion.
Until someone can show me something in black and white which is a fact I would not chance it.

 

[danny21manc]

Why do i have visions of DD in a yellow vis jacket tonight waving people onto Asda Car park...

''Free Parking'' all round.....''Forza Mancini''

 

[blue cigar]

the reason for parking on asda is firstly,im skint,hence taking the kids to a "cheap" game and secondly, i wont be able to get there til near kick-off due to work so i want to get quite near....i usually park on ashton new road but its full of the tram works. the wife got a ticket from aldi last year but i went on moneysavingexpert,took their advice and just ignored them,i never payed the fine... i'll report back tomorrow night.

 

[kippaxkid74]

Actually when i'm in didsbury i often park right on dave's drive, as it's most convienient for me even though i'm not going in to his actual house - and although it's taking up his space that is meant to be just for people going to his house, legally there's nothing he can do about it as i just ignore the letters ;)

 

[Didsbury Dave]

Right so let me get this right. If every city supporter with a car decided to park free on the Asda there is nowt Asda could do about it!

In a nutshell, no.

They'd have to engage a firm of clampers or something the next time it happened.

Rights or no rights, the balance of power shifts if you have a clamp on your wheel.

But honestly, I'm not advocating mass civil disobediance or anything. I'm just pointing out that any parking ticket on any public car park with a time limit will not be enforced. Unless the council issue it. Then you must pay.

citycitytillI die, this is how I want you to imagine me:

Blues of a certain age will know what I'm talking about...

 

[blue cigar]

kippaxkid,if daves drive holds 500 cars perhaps it wont matter....jesus wept!

 

[kippaxkid74]

^ is no one up for a bit of sarcastic humour with a hint of a point these days, deary me..

and jesus wept why? did he see the rags debt? ;)